On May 7, we reported that Berkeley City Council was to consider a “right to know” ordinance regarding safe distances and cell phones. The idea was to require retailers to hand consumers a city prepared document advising them to never carry the phone in on mode next to their bodies such as in a bra or pocket. It would also direct them to read the FCC required language in the manual or on the phone, and would mention that children are more vulnerable.

The measure passed on May 12th, and was to take effect on June 25th. Now, less than one month later, CTIA – The Wireless Association, has asked a U.S. federal court in California to strike the ordinance down, on the grounds that it violates the First Amendment and preempts federal law.

“Berkeley’s Ordinance violates the First Amendment because it will require CTIA’s members to convey a message to which they object, and which is factually inaccurate, misleading, and controversial,” lawyers for the group wrote in a lawsuit in a federal court in the Northern District of California.